Consistence between the English Criminal Justice and Article 6 of the European Convention of Human Rights

Type :

Presentation

Pages :

9 pages

Format :

.doc

Published date :

01/13/2009

Category :

Law & contracts

Sub category :

International law

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Summary :

Introduction.
Fair and public hearing.
1. Fairness through the independence and the impartiality of the trial.
2. The right to a public hearing.
3. Fairness through reasonable time of the hearing.
Presumption of innocence.
Prompt information about nature and cause of accusation.
Fairness in trial and defence.
1. Adequate time and facilities to prepare the defence.
2. The legal representation.
3. Witnesses and the right to a fair trial.
Conclusion.
Bibliography.

Abstract

The United Kingdom was one of the original parties to the european convention of human rights and Fundamental Freedoms (ECHR). States which contract into the ECHR are obliged to secure the enjoyment of convention rights for their citizens. Sometimes positive actions may be required as creation, amendment or enforcement of criminal offenses. If breaches of the convention are alleged, they are adjudicated on by the european Court of human rights, and since 1966, the United Kingdom has allowed individuals to take case to the Court. In recent years, significant and major changes have been recorded concerning the criminal law and more particularly the criminal process. It cannot be said that the ECHR is totally incorporated into domestic law, but with the human rights Act 1998 a number of rights are now guaranteed and enforceable in domestic Courts. This eases the proceedings in a great extent, because previously The Court of Strasbourg was the only Court competent to litigate them. The human rights Act is known for its impact on the criminal procedure.